Fourth Estate Journalism v. Somerville, City of (SPR 20250830)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 7, 2025 SPR25/0830 David Shapiro, Esq. Deputy City Solicitor City of Somerville 93 Highland Avenue Somerville, MA 02143 Dear Attorney Shapiro: I have received the petition of Fourth Estate Journalism (requestor) appealing the response of the City of Somerville (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 27, 2025, the requestor sought “…[a]ll public records, spanning from February 27, 2023 to the current date, concerning all reports or complaints-whether oral, written, informal, formal, partial, or fully documented-that involve allegations, concerns, or grievances raised against former and present employees, personnel, or affiliates of the Somerville Police Department. This includes cases in which the reporter or complainant may have chosen not to proceed, opted against further engagement, or otherwise ceased participation at any stage of the process.” Previous Appeal This request was the subject of a previous appeal. See SPR25/0737 Determination of the Supervisor of Records (March 25, 2025). In my March 25th determination, I closed SPR25/0737 in light of the City providing a response on March 24, 2025. Unsatisfied with the City’s response, the requestor petitioned this office and this appeal, SPR25/0830, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832 • Fax: (617) 727 5914 sec.state.ma.us/pre • pre@sec.state.ma.us

David Shapiro, Esq. SPR25/0830 Page 2 April 7, 2025 It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The City’s March 24th Response In its March 24, 2025 response, the City stated: Please be advised the City intends to respond to the request as soon as possible, and its initial failure to do so within the time permitted under the Public Records Law was due to an internal administrative oversight… The City has begun compiling the records requested and intends to provide all responsive records not privileged, confidential, or exempt from disclosure within 25 business days from the date of this response. If the City withholds any records or redacts any portions thereof, it will provide a written explanation of such withholding or redactions. Current Appeal In its appeal petition, the requestor states, “[t]he City has already been allotted 20 business days to permit access to the requested records, but deliberately chose not to do so and now seeks an addition 25 business days. Further delay by the City pose[s] a significant risk to public safety. Permitting the delay will also result in imminent, serious harm to members of the public.” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein.

David Shapiro, Esq. SPR25/0830 Page 3 April 7, 2025 G. L. c. 66, § 10(b)(vi). Where the requestor’s request was submitted on February 27, 2025, and the City has not provided responsive records, nor cited an exemption for withholding records, I find the City has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, I find the City must provide an estimated date as to when it expects to complete its review and provide the requested records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the City must provide responsive records on a rolling basis. Conclusion Accordingly, the City is ordered to provide the requestor with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. The requestor may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Fourth Estate Journalism